Town of Coventry, RI Article IV Zoning Board of Review

§ 255-400 Organization.

A. There is hereby created a Zoning Board of Review, hereafter called the "Board." The Board shall consist of five members, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four, and five years, respectively. The Board shall also include two alternates to be designated as the first and second alternate members, each for one-year terms. Alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the Board is unable to serve at a hearing and the second shall vote if two members of the Board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning that matter.

B. Members and alternates of the Board shall be legal residents of the Town of Coventry.

C. The Board shall, in May of each year, elect a Chairman, Vice-Chairman and a Secretary from its membership and may adopt rules to be used in the conduct of its business.

D. The Board as constituted at the time of the adoption of this chapter shall be continued, and all members shall hold office for the remainder of their respective terms.

E. Members of the Board serving on the effective date of adoption of this chapter shall be exempt from provisions of this chapter respecting terms of originally appointed members until the expiration of their current terms.

F. If a vacancy occurs on the Board, for whatever reason at any time, the Town Council shall appoint a new member for the unexpired term. The following shall constitute termination of membership: voluntary resignation; nonreappointment; or failure to maintain qualifications of membership.

G. Members of the Board may be removed from office for cause by a majority vote of the Town Council upon written charges and after a public hearing, if requested.

§ 255-410 Powers and duties of Board.

A. The Board shall have the following powers and duties:

(1) To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by the Building Inspector or the Zoning Enforcement Officer in the enforcement or interpretation of the Zoning Enabling Act or this chapter;

(2) To hear and decide appeals from a party aggrieved by a decision of the Historic District Commission when and if historic district zoning is established in the Town;

(3) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter;

(4) To authorize, upon application, in specific cases, special use permits;

(5) To refer matters to the Planning Commission, or to other boards or agencies of the Town as the Board may deem appropriate, for findings and recommendations;

(6) To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period;

(7) To promulgate rules and regulations to enforce this chapter;

(8) To provide for the payment of reasonable fees, in an amount not to exceed actual costs incurred, to be paid by the appellant or applicant for the adequate review and hearing of applications, the issuance of zoning certificates, and for the recording of the decisions thereon; and

(9) To hear and decide other matters, according to the terms of this chapter or other statutes, and upon which the Board may be authorized to pass under this chapter or other statutes.

B. An appeal to the Board from a decision of the Building Inspector or the Zoning Enforcement Officer in the enforcement of this chapter may be taken by any person, officer, department or board of the Town or state aggrieved or affected by such decision or other action. Such appeal shall be taken within 30 days of the recording of the decision or action by the Building Inspector or the Zoning Enforcement Officer by filing a notice of appeal with the Zoning Board of Review Clerk specifying the grounds therefor. The Building Inspector or the Zoning Enforcement Officer shall transmit to the Board all the records upon which the decision or action was based. An appeal shall stay all proceedings in furtherance of the decision or action appealed from, unless the Building Inspector or Zoning Enforcement Officer certifies to the Board that a stay would cause imminent peril to life or property. In such a case, proceedings shall not be stayed other than by a restraining order granted by a court of competent jurisdiction.

C. In exercising its powers the Board may reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken. All decisions and records of the Board respecting appeals shall conform to the provisions of § 255-420E.

§ 255-420 Procedure of the Board.

A. Meetings of the Board shall be held at the call of the chairperson, by vote of the membership, or by written request signed by three members of the Board and filed with the Town Clerk. The Chairperson or in his absence, the Vice-Chairperson, may administer oaths and compel the attendance of witnesses.

B. When transacting business, conducting a public hearing, or arriving at a decision, the Board shall at all times consist of at least five participating members. As soon as a conflict of interest occurs for a member, that member shall recuse himself or herself, shall not sit as an active member, and take no part in the conduct of the hearing. Only five active members shall be entitled to vote on any issue. The concurring vote of three of the five members of the Board shall be necessary to reverse or modify any order, requirement, decision or determination of the Building Inspector or the Zoning Enforcement Officer and the concurring vote of four of the five members of the Board sitting at a hearing shall be required to decide in favor of the applicant on the matter of a variance, special use permit, or any other matter upon which the Board is authorized to pass.

C. The Board shall hold a public hearing on all appeals and on applications for special use permits. Such hearing shall not be held later than 45 days after receipt, in proper form, of an appeal or application. Public notice thereof shall be given at least 21 days prior to the date of hearing in a newspaper of general circulation in the Town. In addition, the appellant or applicant shall give written notice by certified mail at least 21 days before such hearing to all property owners of record within the notice radii specified below (excluding road rights-of-way). The requirement for notice by certified mail shall apply even where properties within the notice radii are located in an adjacent municipality. Where the notification radius includes properties in an adjacent municipality, notice by certified mail shall also be sent to the Clerk of the adjacent city or town. A list of the names and addresses of these persons shall be determined from current public records within the appropriate municipality. Proof of such mailing shall be established by the applicant's filing an affidavit of such notice with the Town Clerk. The Board shall render a decision on any matters before it within 45 days after the termination of the public hearing.

Notice Radius Measured from Property Boundary (feet)	Zone
200	R-20
500	VRC, VMC, GB, BP, I1, I2
1,000	RR-2, RR-3
2,000	RR-5

D. The Board shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the Board within 30 working days from the date when the decision was rendered and shall be a public record. The Board shall keep written minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the Office of the Town Clerk in an expeditious manner upon completion of the proceeding. A copy of the Board's decision shall also be recorded in the land evidence records of the Town. For any proceeding in which the right of appeal lies to the superior or supreme court, the Board shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device. All costs for stenographic services shall be paid by the applicant.

[Amended 5-14-2018 by Ord. No. 03-18-321]

E. Any decision by the Board, including any special conditions attached thereto, shall be mailed to the appellant or applicant, the Town Clerk, the Building Inspector or the Zoning Enforcement Officer, the Town Planner and the Commission, and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance, modification, or special use shall also be recorded in the land evidence records of the Town.

F. Where the Board denies a request for variance or special use permit, an application requesting an identical action may not be considered for a period of one year from the date of such denial unless the Board in its discretion votes affirmatively to reconsider the request.

G. Copies of all applications to the Board shall be forwarded to the Planning Commission for advisory review and recommendation.

§ 255-430 Special use permits.

A. The Board shall have the power to grant a special use permit for the uses so designated in Article VI.

B. In granting any special use permit, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

(1) Ingress and egress to the lot and to existing or proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire, emergency or catastrophe;

(2) Off-street parking and loading areas where required (see Article XII), with particular attention to the items in Subsection B(1) above, and to the economic, noise, glare or odor effects of the special use permit on adjoining lots;

(3) Trash, storage and delivery areas with particular reference to the items in Subsection B(1) and (2) above;

(4) Utilities, with reference to locations, availability and compatibility;

(5) Screening and buffering with reference to type, dimensions and character (see Article XVII);

(6) Signs, if any, and exterior lighting with reference to glare, traffic safety, economic effect on and compatibility and harmony with lots in the zoning district (see Article XV);

(7) Required yards and other open space;

(8) General compatibility with lots in the same or abutting zoning districts;

(9) The use will not result in or create conditions that will exceed the industrial performance standards in Article VII;

(10) General compatibility with the Coventry Comprehensive Plan; and

(11) That the granting will not result in conditions inimical to the public health, safety, morals and welfare.

C. The Board shall hold a public hearing an any application for a special use permit in an expeditious manner, after receipt, in proper form, of an application, and shall give notice thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of hearing shall be sent by certified mail to the applicant and to at least all those who would require notice under § 255-420C of this chapter. The notice shall also include the street address of the subject property. The posting shall be for informational purposes only and shall not constitute required notice of a public hearing. The cost of notification shall be borne by the applicant.

D. Approval of an application for a special use permit shall expire one year from the date recorded in the Town Clerk's Office unless the applicant exercises the permission granted or receives a building permit to do so and begins the construction and diligently pursues it until completed. The disregarding of any conditions made part of the special use permit shall be deemed a violation of this chapter and shall negate the granted special use permit. The Board may grant a six-month extension of the special use permit if the applicant can show just cause.

§ 255-440 Extension of special use permits.

Any special exception previously granted under any Zoning Ordinance of the Town shall continue to be a special exception, and shall not be construed to become, by the passage of this chapter as revised and amended in 1994, a nonconforming use or structure.

§ 255-450 Variances.

A. The Board shall have the power to:

(1) Grant a variance from the literal requirements of this chapter relating to density, dimensions or other site requirements, but not involving the actual use or activity; and

(2) Grant a variance from the use regulations or requirements of this chapter where application is made for reinstatement of a nonconforming use.

B. An application for relief from the literal requirements of this chapter because of hardship may be made by any person by filing with the Zoning Board of Review Clerk an application in accordance with § 255-470. The Zoning Board of Review Clerk shall immediately transmit each application received to the Board and shall transmit a copy of each application to the Planning Commission.

C. The Board, immediately upon receipt of an application for a variance in the application of the literal terms of this chapter, may request that the Commission and/or planning staff shall report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan, in writing, to the Board within 30 days of receipt of the application from that Board. The Board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application. Public notice thereof shall be given at least 21 days prior to the date of hearing in a newspaper of general circulation in the Town. In addition, the applicant shall give written notice by certified mail at least 21 days before such hearing to all property owners of record within 200 feet of the perimeter of the subject property (excluding road rights-of-way). The requirement for notice by certified mail shall apply where properties within 200 feet are located in an adjacent municipality. Where the notification radius includes properties in an adjacent municipality, notice by certified mail shall also be sent to the Clerk of the adjacent city or town. A list of the names and addresses of these persons shall be determined from public record. Proof of such mailing shall be established by the applicant's filing an affidavit of such notice with the Town Clerk. The Board shall render a decision on any matters before it within 45 days after the termination of the public hearing. The notice shall also include the street address of the subject property. The cost of notification shall be borne by the applicant.

D. In granting a variance, the Board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

(1) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant;

(2) That the hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;

(3) That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the Coventry Comprehensive Plan; and

(4) That the relief to be granted is the least relief necessary.

(5) When the Zoning Enforcement Officer of the Town of Coventry has recorded a notice of violation in the Coventry Land Evidence records which is, in his opinion, a violation of any of the use or dimensional regulation of the Coventry Zoning Ordinance, then the Board shall be prohibited from granting a variance regarding said use or dimensional regulation until such time as the applicant has corrected said violation to the satisfaction of the Zoning Enforcement Officer.

E. The Board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

(1) Granting of variances:

(a) In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

(b) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, which shall mean that there is no other reasonable alternative to enjoy a legally permitted beneficial use of one's property.

(2) The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

F. The Board shall consider any application for variance in the light of the Comprehensive Plan and shall consider the effect of the variance on the future development of the Town.

G. In granting or denying an application for any variance, the Board shall set forth specific reasons for its decision in writing.

H. Approval of the application for a variance shall expire one year from the date recorded in the Town Clerk's Office unless the applicant exercise the permission granted by obtaining a building permit and begins construction and diligently pursues it until completed. The Board may grant a six-month extension of the variance upon a showing of just cause by the applicant.

§ 255-460 Special conditions.

In granting a variance or special use permit, or in making any determination upon which it is required to pass after a public hearing under this chapter, the Board may apply such special conditions that may, in the opinion of the Board, be required to promote the intent and purposes of the Coventry Comprehensive Plan and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:

A. Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;

B. Controlling the sequence of development, including when it must be commenced and completed;

C. Controlling the duration of use or development and the time within which any temporary structure must be removed;

D. Assuring satisfactory installation and maintenance of required public improvements;

E. Designating the exact location and nature of development; and

F. Establishing detailed records by submission of drawings, maps, plats, or specifications.

§ 255-470 Application procedure for special use permits and variances.

A. An application for a special use permit or variance may be made by any person desiring such action by filing with the Zoning Board of Review Clerk the prescribed application which shall describe the request and contain such information as may be required by this chapter and by the rules of the Board. All applications shall be accompanied at the time of filing by a plot plan drawn to scale showing the location of all lot and street lines, existing and proposed structures, utilities, wells, sewage disposal systems of the property which is the subject of the appeal or application. Additional application requirements may be found in Article XVI (Development Plan Review). All applications shall be accompanied by a plat map showing lot and street lines and approximate location of structures on premises adjacent to the property which is the subject of the application. All applications shall be filed with the Zoning Board of Review Clerk at least 20 days prior to the next scheduled public hearing date, and shall be accompanied by the fees required.

B. An application for a special use permit, variance or appeal from a decision of the Building Inspector, shall require a filing fee as exhibited in Table 3-1.

§ 255-480 Participation in zoning hearing.

Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

§ 255-490 Appeals to superior court.

An aggrieved party may appeal a decision of the Board to the Superior Court for Kent County in accordance with R.I.G.L. § 45-24-69 by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the office of the Town Clerk. The decision shall be posted in a location visible to the public in the Town Hall for a period of 20 days following the recording of the decision. The Board shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the Board shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

§ 255-4100 Unified development review.

[Added Ord. No. 2023-4by 11-28-2023 ]

There shall be unified development review for the issuance of variances and special use permits for properties undergoing review under development plan review and/or land development or subdivision review.

A. Public hearing. All land development and subdivision applications, and development plan review applications, which include requests for variances and/or special use permits submitted pursuant to this section, shall be heard in a public hearing that meets the requirements of the Land Development and Subdivision Regulations and R.I.G.L. § 45-23-42(b).

B. In granting requests for dimensional and use variances, the Planning Commission shall be bound to the requirements as set forth in Article IV and specifically relative to entering evidence into the record in satisfaction of the applicable standards.

C. In reviewing requests for special use permits, the Planning Commission shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as set forth in Article IV and specifically relative to entering evidence into the record in satisfaction of the applicable standards.

D. Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to R.I.G.L. § 45-23-71.

E. Any decision for a variance or special use permit rendered by the Planning Commission through unified development review shall be required to provide for the recording of findings of fact and a written decision. Such decision shall be made part of the record and recorded in the land evidence records.